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him, in the course of conversation, that he presumed the deponent would soon hear of the destruction of a cannon foundry up the bay, which admiral Cockburn, with 500 men, had gone to destroy; that deponent observed, as was then the fact, that he knew of no such foundry, when captain Stackpole promptly turned to his map, and pointed out the Cecil foundry; that deponent happened to be on board admiral Warren's ship, the day on which the expedition returned under admiral Cockburn, and recollects to have heard some of the officers mention the number of guns belonging to the government of the United States, which they had destroyed at the above foundry, and the manner in which they effected it. That, from all the remarks and conversations of the British officers, on this subject, deponent is convinced that the destruction of the cannon belonging to the United States, together with the foundry of Mr. Samuel Hughes, where the said cannon were deposited, as the enemy, he believes, well knew, was the avowed object of the aforesaid expedition under admiral Cockburn, and if it had not been for the public property, deponent is of opinion the said expedition would not have taken place; that it is a matter of notoriety, that the enemy remained in great force for a long time in the neighborhood of Dorsey's furnace, the position of which, it must be presumed, they were acquainted with, as it is designated on the maps, with which they were abundantly supplied. Deponent knows of no difficulty or danger which the enemy could have apprehended from an expedition against said furnace. They did not proceed against it, nor were the works destroyed; but deponent knows nothing of their motives for this forbearance.

Summary of Facts.

The whole tenor of the evidence exhibits, that the foundry of Samuel Hughes was regarded by the enemy as a military deposite for cannon and ball for the military use of the United States, and as an establishment particularly employed to furnish them with such articles, and that the British government had given particular orders for the destruction of all such property; that, in fact, in pursuance of these orders, an expedition was prepared and sent under admiral Cockburn for the sole purpose of destroying this establishment. It appears also, in evidence, that a company of soldiers had been ordered to the foundry for its protection, and remained there till the enemy came within sight, and then retired, having previously buried in the earth the ball belonging to the United States. It does appear, therefore, that the foundry of Samuel Hughes was occupied under the authority of officers of the United States, both as a military deposite and as barracks.

The whole amount of damage sustained by the claimant is ascertained to have been $26,095 a sum exceeding that demanded by him, which is $25,000. As in other cases reported, it has been a rule

established in this office, never to exceed the estimate of damage presented by the claimant.

There is, also, another circumstance in this case, which the commissioner considers it his duty to bring into the view of the legislature; that the value of a grist mill, destroyed, is brought into the estimate of damage sustained by the claimant; and, it is proved, that admiral Cockburn declared, that it was not his intention to have had it destroyed, or any buildings not connected with the foundry; and the valuation of this mill is so blended with that of the residue of the property, as to render it impossible for the commissioner to separate it. If, however, it shall be the judgment of the legislature to pay for the foundry, and the buildings necessary and appurtenant to it, and to exclude the grist mill, by issuing another commission, the separate value of the damage sustained by the destruction of the grist mill can be readily ascertained.

There is no proof that the grist mill was occupied, either as a military deposite, or as barracks for soldiers.

It does also appear, that the iron works belonging to a Mr. Dorsey, equally accessible to the enemy, were not destroyed; but it is not explained from what motives they were spared, nor whether they were also used by the government as a military deposite, or as a foundry.

There are, also, some exhibits, proving heavy losses to the claimant, in consequence of former contracts with the government, which the commissioner does not regard as falling within the purview of his duty..

All which is respectfully submitted.

RICHARD BLAND LEE, C. C. &c.

OFFICE OF CLAIMS, &c.

December 24, 1817.

NAVY DEPARTMENT, February 2d, 1818.

SIR: In reply to your letters, in relation to the claim of Colonel Samuel Hughes, I have the honor to state, for the information of the Committee of Claims of the House of Representatives, that several contracts have, at different periods, been made with colonel Hughes for ordnance, shot, and kentledge; that, in some of these, it was stipulated that the articles contracted for should be delivered at a wharf, or landing, accessible to vessels of sixty tons; but the contract or agreement with colonel Hughes, next preceding the destruction of his

foundry, (copy of which is hereunto annexed) is silent as to what shall constitute a delivery. It is well known, however, that, in May, 1813, the period when the enemy laid waste and plundered Havre de Grace and its vicinity, there was a quantity of cannon, shot, &c. belonging to this department, remaining at colonel Hughes' foundry.

With great respect, I have the honor to be, Sir,

Your most obdt. servant,

HONORABLE LEWIS WILLIAMS,
Chairman Committee of Claims,

House of Representatives.

B. W. CROWNINSHIELD.

MOUNT PLEASANT, 4th August, 1807.

SIR: I will take $133, per ton, for what cannon you may order; and, if you will give employment to the works for all next year, I will furnish them at $130 per ton.

I am, with great respect,

Your obdt. servant,

SAMUEL HUGHES.

[Signed]

The HONORABLE ROBERT SMITH, Secretary of the Navy, Washington City.

NAVY DEPARTMENT, 6th August, 1807.

SIR: I have received your letter of the 4th inst. Upon the terms therein proposed by you, I agree to receive of you, as soon as you can deliver them,

Fifty 32-pound cannon, and
Fifty 24-pound do.

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